Federal appeals court upholds block of Texas immigration law
EAGLE PASS, TEXAS - NOVEMBER 30: Barbed wire and a wall obstruct access to a road underpass near the U.S.-Mexican border, November 30, 2023, in Eagle Pass, Texas. (Photo by Andrew Lichtenstein/Corbis via Getty Images)
NEW ORLEANS - A federal appeals court upheld a lower court's ruling on Thursday continuing to block Texas from enforcing a 2023 law that would allow local police to arrest people they believe crossed the Texas-Mexico border illegally.
A 2-1 decision from the Fifth Circuit Court of Appeals ruled that the law is at odds with federal law that says that immigration is an issue for the federal government and not state governments.
What they're saying:
"For nearly 150 years, the Supreme Court has recognized that the power to control immigration—the entry, admission, and removal of aliens— is exclusively a federal power," Judge Priscilla Richman wrote.
The other side:
Judge Andrew Oldham, in dissent, said the majority ruling "usurps the State of Texas's sovereign right to police its border and battle illegal immigration."
"Today is a sad day for Texas and for our court," Oldham wrote. "It is a sad day for the millions of Americans who are concerned about illegal immigration and who voiced those concerns at ballot boxes across Texas and the Nation—only to have their voices muted by federal judges."
Senate Bill 4
The backstory:
Senate Bill 4 was signed in 2023.
The law would allow local law enforcement officers to arrest migrants caught crossing the border between ports of entry. Those who are caught later, anywhere in Texas, and admit they crossed illegally can also be charged under SB 4.
A judge could drop the charges if a migrant agrees to return to Mexico, and police could turn over migrant families to Border Patrol agents to avoid separating children from their parents instead of arresting them.
The legislation came about after Texas lawmakers said the Biden administration was not doing enough to stop illegal immigration.
The government sued Texas, saying the state violated the constitution which establishes the federal government as the ultimate say in all things related to immigration.
Several advocacy groups also sued the state to block the law from taking effect.
The federal government filed for a voluntary dismissal of their claim in March.
The Source: Information in this article comes from an opinion written by the Fifth Circuit Court of Appeals on July 3, 2025. Backstory on Senate Bill 4 comes from previous FOX 7 reporting.